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Suresh Srikar   07 June 2017

Property owned by mentally ill person

Sir,

My sister who is a mentally ill person owns  a property(land only) given to her by my Uncle through his will and the will states that I will be her guardian to deal with the property.

My sister is living with me in a house given to me by our Father through his will and as per the will (my fathers) I have to take care of her as long as she is alive.

Both the above Wills are not registered.

My query is, at present I am unemployed , 50 years of age, and if it is possible to mortgage the land owned by my ill sister to generate income through any business etc.

Regards

Suresh Srikar

 

 

 

 



Learning

 16 Replies

Kumar Doab (FIN)     07 June 2017

The person is diagnosed and declared to be suffering from mental illness by a Medical Specialist: Psychiatrist?

The WILL(s) is (are) valid and duly acted upon without any cloud on it?

1 Like

Kumar Doab (FIN)     07 June 2017

The permission from Dist. Court may be required.

The question arises: Would court be convinced?

 

1 Like

Kumar Doab (FIN)     07 June 2017

It is mandatory to obtain the order of the concerned district court before anyone enters into any contract with respect to the property owned by a person suffering from mental illness.

1 Like

Raveena Kataria (Advocate )     07 June 2017

Kumar Doab above is correct in saying that you will have to file an application to the nearest district court (section 50, Mental Health Act.)

The court shall then hold a judicial inquiry; serve notice to your sister to attend the inquiry in order to examine whether she really is of unsound mind (and thus incapable of managing the property.) If the court post-inspection considers your sister to be of unsound mind and is satisfied with your application, it shall pass an order appointing you as the manager of the property in question under section 54. (Please note, this is not the same thing as being appointed as the person's guardian under section 53.)

As the manager, you only have the option to lease the property for a period of less than 5 years without any special permission from the court. However, if you want to mortgage the property, or lease it for a period beyond 5 years, or sell it and so on, you may have to file another application to the court, which shall grant you the permission if and however it sees fit (Section 59.)

1 Like

Suresh Srikar   08 June 2017

Thank you sir. For the valuable opinion and time spent on my problem.

Regards

Suresh Srikar

Suresh Srikar   08 June 2017

Thank you

Regards

Suresh Srikar

 

Suresh Srikar   08 June 2017

Thank you

Regards

Suresh Srikar

Kumar Doab (FIN)     09 June 2017

1st thing 1st: The WILL operated after death of testator.

Have both Father and Uncle died?

 

Kumar Doab (FIN)     09 June 2017

If both Father and Uncle have died, It is case of Testate Succession.

The forms/process/procedure is usually availble on website of Authority under whose jurisdiction property falls e.g; MC...........................or can be collected from office of Authority.

Submit certified copy(ies) of WILL(s) to O/o Authority under whose jurisdiction property falls, alongwith death certificate(s), Legal heir certificate(s)............

If No objection to WILL(s) is made the authority may transfer the wonership in name of beneficiary (ies).

Suresh Srikar   09 June 2017

Yes, both father and uncle have passed away.

Suresh Srikar   09 June 2017

Yes, both father and uncle have passed away.

Suresh Srikar   09 June 2017

Yes, both father and uncle have passed away.

Suresh Srikar   09 June 2017

Yes, both father and uncle have passed away.

Suresh Srikar   09 June 2017

Yes, both father and uncle have passed away.

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